Slashback: Justice, Settlement, Cosmos 213
"It is important, likewise, that the habits of thinking in a free country should inspire caution in those entrusted with its administration ..." zarathud writes "Logan Darrow Clements has begun the application process to build a hotel on land owned by Supreme Court Justice David H. Souter. This could be allowed under Eminent Domain after the controversial 5-4 Kelo vs. New London ruling which Souter voted for. Justice Souter's home currently occupies the land. The planned hotel, to be called 'The Lost Liberty Hotel,' will include a public exhibit on the loss of American Freedom. 'This is not a prank,' said Clements, 'The Towne of Weare has five people on the Board of Selectmen. If three of them vote to use the power of eminent domain to take this land from Mr. Souter we can begin our hotel development.'"
Call everyone Sir, just to be safe. Yesterday we posted an item about the first self-proclaimed Jedi in Parliament; here are two updates to the already-updated story. Americans (like me!) may still be baffled by the complications of the honorifics involved.
Stefan Magdalinski writes "If you want to link to the actual speech, then can I suggest you use our volunteer-run, open source, reimplementation of parliament's awful website?"
And reader Russell Dewhurst writes "All MPs (Members of Parliament) are called the Hon. Member for X... If the MP for Copeland were a Privy Councillor he would be the _Rt_ Hon (Right Honourable) Member for Copeland. So the original article was correct, and the correction was wrong, I'm afraid!"Thanks to everyone who's weighed in on this.
MozNews interviews Daniel Glazman, NVu Lead Dev bluephone writes "Now that NVu 1.0 has been officially released, we at MozillaNews asked Daniel Glazman to take some time to give us another interview to book-end our first interview with him, early in NVu's development. He was gracious as always, and fast! Read the interview for unavoidable laws, plans for the future of NVu and Daniel, and even news about his company's upcoming release."
Tom Clancy, eat my shorts. hydraa16 writes "The Cosmos 1 Solar Sail failed to reach orbit. This video shows its loading in a Russian Delta III Submarine, and its launch in the cold Barents Sea!"
If you accidentally blew up your DeskStar, the Empire will repay you. hardreset writes "Remember the day when the IBM 75GXP was the hot new drive? Then ... do you remember the day(s) it bit the dust? If you still have the serial number(s), you may be eligible for a $100/drive settlement from IBM. The settlement page is over here, claim form is here, and the Inquirer article is here. For those of you wearing tinfoil hats, you don't have to send in your drive. For those of you who work for IBM or live overseas, don't bother. If you're hoarding these drives, it might be a good payday!"
You'd have to pay me a lot to listen to the results. Kethinov writes "Because Trent Reznor's release of The Hand That Feeds was a spectacular success, he's decided to release more free musical source material for remixing and listening delight. The new release is another track off his new album With Teeth entitled Only. Interestingly, now he's offering multiple formats for the material instead of just Apple's Garageband format. So now non Apple users too can join the fun."
Great news on Nvu (Score:3, Insightful)
WebQuark? (Score:3, Interesting)
Re:WebQuark? (Score:4, Interesting)
Re:WebQuark? (Score:4, Informative)
I'm no HTML guru but it looks clean to me.
I've pulled it down and installed it for myself and my wife. It's not perfect but very decent. It's better than FrontPage which is saying quite a bit.
It has an annoying habit when you edit the raw HTML though... every time you save (CTRL-S), it switches to preview mode... quite annoying as I have a habit of saving after every line.
The link editor doesn't let you specify the target for the new link so you have to add it by hand...
But those are the only two complaints I have. Other than that, I think Nvu is the best HTML editor I've used.
Re:WebQuark? (Score:2)
The "target" attribute is deprecated in Strict DTDs, and should not be used.
Re:WebQuark? (Score:2)
What should I be using instead? Like I said, I'm not an HTML guru...
Re:WebQuark? (Score:3, Informative)
Stick with target, but use the XHTML Frameset DTD [w3.org] instead.
Re:WebQuark? (Score:2)
If I want the bloody link in a new window I'll right click and choose 'open in a new window' thanks.
Re:WebQuark? (Score:2)
window.open(this.href) opens a new browser window with the link's URL, and return false prevents the link from also loading in the parent window.
No javascript? No problem! It will load just like a regular link will.
You can use this to work around agressive popup blockers, or situations where the page takes awhil e to load, and blocker's like mozilla's are agressive while the page is loading.
Re:WebQuark? (Score:2)
When you change to "view source" mode, all of a sudden you lose your tabs in the tabbed pane (e.g. if you had multiple documents open, the tabs just disappear).
Also, the tabs on the bottom are very... "weird". When selected, a tab doesn't just "come to the front", it inverts upside down as if the selection process "flipped" the tab. That certainly is not in keeping with any other interface, or indeed the real world equivalent of the tab metaphor.
Re:WebQuark? (Score:3, Informative)
Really? I dunno if Frontpage has improved beyond recognition over the last couple of years, but last time I looked at it the phrase "better then Frontpage" said nothing at all .
"The link editor doesn't let you specify the target for the new link so you have to add it by hand..."
The TARGET attribute of links has been deprecated according to XHTML 1.0 Strict - this is part of an effort to separate content, presentation and behaviour.
Instead
Re:WebQuark? (Score:2)
No, actually, that's saying very little. About as little as you can say and still have opened your mouth, I'm afraid.
Re:WebQuark? (Score:2)
That's my biggest gripe too. Apart from that it makes clean, neat HTML IMO.
J.
Re:WebQuark? (Score:2)
Re:WebQuark? (Score:2)
Bummer (Score:3, Informative)
I have two of these lying that has failed and one sitting in this computer which I am keeping a really close eye on...
Re:Bummer (Score:2)
Not Always (Score:2)
Re:Not Always (Score:3, Informative)
Re:Bummer (Score:2)
Re:Bummer (Score:2)
I second that recommendation.
Either that, or hook up with a stateside friend and use his name and address. It is possible that IBM can tell the drive was sold overseas, but it is at least as possible that they will be too disorganized to even check.
Re:Bummer (Score:2)
Not only does the drive have to be in the database of previously reported failed drives, bu
Re:Bummer (Score:2)
Seriously. You're just as intitled to the $200 for your 2 drives as anyone else, why not just get help from someone in the US to get your cash or, if you're more ethical than that, send the serials to someone who isn't?
Re:Bummer (Score:2)
Seriously, no, you're not. Only class members are entitled. You must meet several conditions to join the class.
why not just get help from someone in the US to get your cash or,
Because you won't be able to meet the requirements. That's why.
if you're more ethical than that, send the serials to someone who isn't? :)
Even if your accomplice is unethical enough to create a fraudlent invoice showing the drive was purch
Lost Liberty Hotel? (Score:5, Interesting)
Re:Lost Liberty Hotel? (Score:4, Funny)
Re:Lost Liberty Hotel? (Score:2)
Re:Lost Liberty Hotel? (Score:2)
I particularly like the "Just Desserts Cafe."
Re:Lost Liberty Hotel? (Score:2)
http://www.ij.org/private_property/atlantic_city/ [ij.org]
Re:Lost Liberty Hotel? (Score:2)
Re:Lost Liberty Hotel? (Score:2)
But to a judge it will sound like reprisal for a court decision you did not like.
Courts are not in the business of dispensing poetic justice.
Re:Lost Liberty Hotel? (Score:2)
Re:Lost Liberty Hotel? (Score:2)
*Nice* lakefront property (boosts land value, and therefore, taxes) plus a museum (might boost land value, brings in tourists (which brings money into the city), and is "socially responsible" (whatever the hell that means
This hotel, FWIW, is going on the museum idea, and also puts in a place to PUT the tourists.
Re:Lost Liberty Hotel? (Score:2, Insightful)
Re:Lost Liberty Hotel? (Score:3, Insightful)
Re:Lost Liberty Hotel? (Score:2)
Re:Lost Liberty Hotel? (Score:3, Insightful)
Yeah, but normally when a Supreme Court decision is overturned one of 2 things has happened
1. A new constitutional change has been made
2. The original decision was one that a single case (or at best, multiple cases decided by a single incarnation of the Court) decided, and the Court decides that the decision was incorrect.
It's very unusual for the Court to overturn over a century of legal
Re:Lost Liberty Hotel? (Score:5, Interesting)
These people's government just seized their property to hand it over to a corporation to build an office tower. The only interests being served there is someone's bank account.
I applaud the effort to seize Souter's property. I doubt it will actually happen but I'm glad to see it. Maybe if those justices had been personally under threat of being sold into slavery themselves, the Dred Scott case would have turned out differently.
Re:Lost Liberty Hotel? (Score:3, Informative)
Except that's not true. The cases I cited go back over a century with private->private transfers. That's always been part of eminent domain. The earliest one did deal with a bridge, but it was taking it from one private operator to give to another to increase revenues. It wasn't building a new bridge or anything. The others were seizures of privat
Re:Lost Liberty Hotel? (Score:2)
Ummm, New London is in Connecticut, not New Jersey. Just thought you'd like to know :)
Re:Lost Liberty Hotel? (Score:2)
New Jersey law, or lack of it, not withstanding, this was SCOTUS, and SCOTUS had a moral imperitive to look at it in a "what is right, and what is wrong" light based on the constituion of the United States of America. They failed to do so, and I for one hope this Townships council or whatever its called, use the power of that decision to send a powerful
Re:Lost Liberty Hotel? (Score:2)
It may surprise you to learn that the three most conservative members of the SCOTUS (Rehnquist, Scalia, and Thomas) were on the dissenting side of this decision. Any nominee Bush is likely to make probably would have voted the same way.
Re:Lost Liberty Hotel? (Score:2)
If there is no judicial oversight of legislative fiat, then the constitution might as well not even exist.
If some legislator manages to pass a law that says 'strip searches on the basis of a cop's whim or hunch shall be considered reasonable', is the Supreme Court going to demur to the legislature?
Thing is
Impeach'em or change the court system. (Score:3, Informative)
Well the problem is that they shouldn't ever had that power to begin with. They are prohibited it.
Article IV Section 2 Paragraph 1
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
Pair that with the 5th Amendment:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on
I love America! (Score:5, Insightful)
Re:I love America! (Score:5, Informative)
Board of Selectmen for the towne of Weare:
Laura Buono, Chair Person
lbuono@weare.nh.gov
Leon Methot, Vice-Chair
lmethot@weare.nh.gov
Heleen Kurk
hkurk@weare.nh.gov
Joseph Fiala
jfiala@weare.nh.gov
Donna Osborne
dosborne@weare.nh.gov
Re:I love America! (Score:3, Funny)
I don't live there (not that I want to). I don't pay taxes there (not that I would). I have no idea who you people are (neither does your constituents). I'm sure your area needs a new hotel (so does every other boondock in America). I'm sure taking the Supreme Court Justice's farmhouse wouldn't be a problem (he did approve that dandy decision). Yes, a brand new hotel is much better than a Wal-Mart (he might put dog poop on your table and set it on fire). It's a small price to be a
Re:I love America! (Score:2)
I will come visit and spend tourist dollars and create an influx of cash to your towne. Isn't that in the best interest of the people?
Re:I love America! (Score:2)
Re:I love America! (Score:2)
Re:I love America! (Score:5, Informative)
My guess is Souter really isn't making much use of that land, and having a new hotel would increase tourism to the area. This would increase jobs and encourage growth as well.
There's also several nearby ski-resorts, so the place could be popular in winter as well (I've only been there in the warmer months so I don't know).
What applies to one applies to all.
~X~
Re:I love America! (Score:3, Informative)
Weare, NH is a small town near Henniker, NH in the western part of the state.
Weirs Beach is a popular tourist attraction, but it is near Lake Winnipesaukee in the eastern part of the state.
Re:I love America! (Score:2)
Re:I love America! (Score:3, Insightful)
If you don't live in the town of Weare, these people aren't your representatives, and by trying to influence their decisions based on what you feel is right goes against everything a republic is supposed to be.
I fully hope the land is reclaimed, but I'm sure the people who live there are
Re:I love America! (Score:2)
Re:I love America! (Score:2)
As a supporter of Fair Use... (Score:3, Interesting)
It would work like this: once a work reached a critical mass of popularity, the government would sieze it, pay the creator a reasonable sum, and make the work freely available for downloading and sharing.
In this way, never again would a citizen of this great nation be subject to the stigma of not having seen/heard the latest hot movie/tv show/song. It would also encourage creativity with uses like mashups, re-edits, funny overdubs, etc.
Support Fair Use!
Re:As a supporter of Fair Use... (Score:2)
Re:As a supporter of Fair Use... (Score:2)
Re:As a supporter of Fair Use... (Score:2)
the patent system also works in a similar way, and even with all of its flaws at least patents still expire.
deskstar (Score:2, Informative)
A quick search on ebay reveals some of these drives going nice and cheap.
Re:deskstar (Score:2)
Q. What kind of documentation is necessary to establish whether my hard disk drive is covered by the Settlement?
A. The documentation must demonstrate your purchase of the 75GXP hard disk drive from an authorized seller. Invoices, receipts or purchase agreements, in combination with the credit / debit card statements, are the best form of documentation. The validity of information and/or documentation demonstrating your purchase of a 75GXP will
Selectmen? Elect 'em! (Score:5, Informative)
Your town may vary, but in many towns, the Board of Selectmen is elected. And if you didn't know that, neither do 99% of your fellow citizens.
What this means is that if three of them (or even if all five of 'em) don't vote to use the power of eminent domain (either because they think the planned redevelopment is a crock, or because they just don't care for Objectivists), it's entirely up to the citizens of Weare can choose whether or not their Selectmen are (or are not) worthy of re-election in a year or two.
I don't live in Weare. None of my business either way. But the Just Desserts Cafe sure sounds like a nice place for a bite to eat, should I be passing through the neighborhood.
Re:Selectmen? Elect 'em! (Score:2)
This Kelo decision has made me so made I've made a pledge about it. I'm partly mad at the SCOTUS, partly mad at myself for not being awake sooner, but mostly mad at the petty tyrants inhabiting our local city governments.
I will no longer vote for any incumbent candidate, whether it be dog catcher or president or anyone in between. Ever again. I've been burned and
Re:Selectmen? Elect 'em! (Score:2)
I can't believe I just read this -how stupid are you? Assuming you have a choice between candidates (in practice, for most posts, you have two choices, though you may disagree on that) it would be stupid to vote against the better choice simply because s/he is an incumbent!
Re:Selectmen? Elect 'em! (Score:2)
From my point of view, we aren't electing public officials to be lords and rulers over us, we're electing to be our representatives. But they can't represent us if they are not us! I want sc
Re:Selectmen? Elect 'em! (Score:2)
The problem is how to break the loggerhead.
Term limits seem to be the only way that would be effective, but it's impossible to get that passed by incumbents.
Back in the good-old days we could have a referendum in each state requiring the Senators to impose such a rule but the 17th Amendment really screwed that up.
So the best we can hope for is to elect new legislators and have them pledge to en
Re:Selectmen? Elect 'em! (Score:2)
Of course, I can count on one hand the number that have passed that test.
Make it a chain... of 5 (Score:5, Funny)
Or: One down, four to go. (Score:2, Funny)
New London should also elect new committee which would then sieze the homes of the former one. >:)
Re:Make it a chain... of 5 (Score:2)
That would be incredibly dumb considering that this decision didn't do anything other than reaffirm previous rulings; no new eminent domain powers were granted.
I don't see why this Court is taking so MUCH flak for upholding something that the Court has upheld on numerous occasions in the past, and I don't see why people think using eminent domain to take private property and transfer it to another private owner is anythi
Re:Make it a chain... of 5 (Score:2)
If it takes new laws to keep this from happening anymore, then so be it. But for most of us who understand what the words "property" and "ownership" mean, we do not see it as necessary.
That is what this whole dispute boils down to and why 4 of the justices did not support the decision. It is a difference of opinion on wha
Re:Make it a chain... of 5 (Score:2)
I don't know what country you're in, but that's never been true in the US. Even before the 16th Amendment, real property (e.g. land) was something you had to pay yearly to keep, as it still is. And nobody sane doesn't agree with eminent domain in some cases (e.g if needed to put in a water treatment plant for the town)--and at the very least you'd have to admit that refusing something lik
Re:Make it a chain... of 5 (Score:2)
Yep. And historically, when people realized those were wrong, the legislature acted to change them. In fact, for 2 of those we passed Constitutional ammendments. The Court didn't just make up arbitrary new rules.
Re:Make it a chain... of 5 (Score:2)
Congress had nothing to do with this, it happened at a local level.
Re:Make it a chain... of 5 (Score:2)
Right, but there's no additional Constitutional restriction on local governments with respect to eminent domain. The only reason it was Congress in this case was because the seizure was in DC (which Congress governs); similar seizures happened in actual states at the behest of local governments.
Cosmos 1 and failure (Score:5, Interesting)
http://techcentralstation.com/062905J.html [techcentralstation.com]
Some might accuse [Planetary Society directory] Friedman of putting a Pollyannaish spin on things, but I'd say he's learned the most important lesson of all: It's hard to accomplish much if you're afraid to fail.
The history of success in all sorts of endeavors -- including the early days of space travel, when we were making rapid progress -- is a history of repeated failures. I don't think it's a coincidence that when the failure rate declined, so did our rate of progress. You learn from failure, and you learn from trying lots of different things. Unfortunately, fear of failure -- like fear in general -- is contagious. But fortunately, so is bravery. When people act unafraid of failure, other people may pick up on the message.
The Planetary Society's mission was, really, a failure: It was supposed to test solar sails, and it never got the chance. But, simply by happening, and by having the Planetary Society emerge with its head bloody, but unbowed, it accomplished something useful by opening up (metaphorical) space for others to try risky but low-cost approaches without worrying too much about the fallout. And that's good.
Because, as I've noted before, when you're not afraid of failure you can try lots of different things and figure out what works best. If you're afraid of failing, on the other hand, you build huge, process-laden, documentation-heavy, behemoths that -- in a way -- are already failures before they ever start because they're too hard to change and improve, and because they don't generate enough useful knowledge to allow further progress. (See, e.g., the Space Shuttle program).
The Planetary Society's launch, despite Lou Friedman's views, failed. But the approach it embodied is the only approach that's likely to achieve substantial success in the long run. And that's a kind of success in itself. Let's hope that we'll see more of this sort of thing in the future.
Take That Farmhouse... (Score:3, Funny)
Maybe this is a victory of sorts? (Score:4, Interesting)
The economic claim is not only simple, but real. Imagine now you can scan and digitally print those old photos of your grandparents, you can archive old books and movie, and you can adapt and derive with impunity. That's one magnificent cottage industry just waiting to be formed.
So maybe this USC decision will actually have a silver lining. Without doing anything quite so ridculous and doomed to failure as traing to seize a Supreme Court justice's house.
Re:Maybe this is a victory of sorts? (Score:2)
Civil disobedience!
Re:Maybe this is a victory of sorts? (Score:2)
I also suspect that you would only be able to take such property from individuals or corporations residing within your jurisdiction.
Impeach the surpream court (Score:5, Insightful)
Many people do not realize that supream court justices can be impeached.
Section. 2.
Section. 3
Section. 1.
Amendment V
Since clearly those 5 justices cannot read, congress has a duty to remove them from their office. I know many of you don't like the idea of Bush choosing 5 justices (perhaps more, there are rumors of retirement), but that is better than letting these 5 sit on then court. Write your congressmen and make it so.
Actually they don't need to be removed from office, just a reminder that the constitution governs this land may be enough.
Impeach the surpreme court (Score:2)
Guess who the founding fathers used as their main source of inspiration?
Did you answer Locke? Good.
Apparently the Supreme Court forgot about
Re:Impeach the surpream court (Score:4, Insightful)
You know, I would love to think I could interpret that to mean exactly like it sounds, but after seeing how
is implemented, I'm not hopeful...
Re:Impeach the surpream court (Score:2)
I guess you're not familiar with the phrase "choose your battles?" Trying to unseat justices when you know they'd be replaced with people you're more likely to disagree with is just shooting yourself in the foot.
Change for change's sake is a fool's creed.
Also you're not Picard, and I'm not you
Re:Impeach the surpream court (Score:2)
It is true that supreme court justices can be impeached, but the grounds for impeachment being "high crimes and misdomenors", not "unconstitutional opinions".
From the Regency School of Law, article by Steven Fitschen:
One of the most intriguing aspects of the history of impeachment in America is that no judge has ever been impeached
Re:Impeach the surpream court (Score:2)
Intersting article. It however seems to contradict what you are saying. An unconstitutional option is in fact reason to impeach a judge - that is the only power we have to check the judicial branch, other than a constitutional amendment. Since the original amendment is clear, further amendments will not help as the judges will continue to ignore the public use part.
This article has sought to show that the current movement to impeach federal judges for tyrannical behavior is on firm footing.
You highlighted ALMOST everything (Score:2)
Amendment V
Re:Impeach the surpreme court (Score:2)
I'd encourage people to read the dissent, for the sole reason that Justice Scalia joined with it.
For people who don't know, Scalia is supposed to be one of the conservative voices on the bench and is well known for his thorough dissents.
It also doesn't hurt that The Chief Justice joined in the dissenting opinion.
Its about "public use", not "just compensation" (Score:2)
In the Kelo v. New London case the homeowners who refused to give up their land WERE offered compensation for their private property.
That's not the contention. The contention is over the words public use, and whether it was legal for the Government to take their property at all, regardles of whether they would
Re:Impeach the surpream court (Score:2)
The law stated public use. This is clearly private use. By your reading no payment at all was required because the land was taken for private use.
Re:Impeach the surpream court (Score:2)
Re:Impeach the surpream court (Score:2)
After reading Thomas's discent, it is even clearer that the court is saying: they can take any land they want, but if it is for public use they must provide just compensation. Private use (such as this case) doesn't require any compensation. (It is of course polite to provide some, but not required)
Jedia what? (Score:2)
Re:Jedia what? (Score:2)
IANAL, or an MP, or a UKer.
Hotel site looks nice (Score:2)
I can't imagine a nicer place to stay in New Hampshire... That looks like a perfect place for a hotel to me, being so close to both Everett Lake and Clough State Park.
I wonder if crow would be on the menu at the Just Desserts Cafe?
Congress is fighting back (Score:2)
Nobody will win a claim (Score:2, Insightful)
Q. What if I no longer have a receipt or any other supporting documentation?
A. You must produce a receipt or other supporting documentation evidencing the purchase of an eligible 75GXP hard disk drive, or you will not receive any Settlement Benefits.
Well let's see. I bought my deskstar in 2000, let me grab my file for that year... Ah yes, it's here under D, next to the receipt for that donut I bought.
Seriously I will be impre
Re:Cool (Score:2)
Re:Being a Jedi isnt so bad by comparison (Score:2)
Has Lucas ever claimed the Jedi to be more than a story?
Is there any historical evidence that might even possibly suggest that the Jedi were ever intended as a "legitimate" religion? (although, of course, you may believe that